Editorial: Statewide profiling ban a foundation for local justice

Oregon lawmakers made a bold statement this session when they decided that all law enforcement agencies in the state must establish policies that prohibit profiling. This is less of an impact on Portland, where such a policy is already on the books, but it is a sweeping move for all agencies across the state to step up their game.

In addition to the policy against profiling, the bill (HB 2002) — expected to receive Gov. Kate Brown’s signature as of press time — requires that each department sets up a system for the public to file complaints through multiple channels, even anonymously. And it requires that departments have a process in place for investiging those complaints. Starting next year, the scope of profiling will be defined, statewide, to include bias based on a person’s age, race, ethnicity, language, color, religion, national origin, mental disability, political affiliation, sexual orientation, gender or housing status.

It’s laying a foundation of process, yes, but also expectation. The expectation the public should have that their rights are paramount when engaging with law enforcement.

But it only goes halfway. The other half lies in the attitudes of each department, because it ultimately comes down to people doing the right thing. And it’s it’s important to note that most officers do just that. But the bill’s success also lies in the citizenry itself, which is a major part of the impact this legislation could have. It is very difficult to convict someone of profiling in a court of law. On a case-by-case basis, attorneys know that it’s nearly impossible to prove the intent of an officer if a person feels they’ve received disparate treatment. This new legislation will create a statewide data review committee; the first of it’s kind for Oregon. Local law enforcement agencies will be required to send copies of any profiling complaints to the state committee, which will analyze the information and report its findings and recommendations to the Legislature.

It has the potential to bring profiling out of the shadows and into the light. And it makes it a matter of public record. Because for people of color, people experiencing homelessness, for the LGBTQ community, for immigrants and refugees and others — for every extreme, sensationalized case, there are untold daily injustices.

If you think that’s just the stuff of Ferguson or Baltimore, think again. The bill was introduced by Rep. Lew Frederick, a black Portlander, who told lawmakers that he’s probably been stopped by police more times in single year than most of his peers have in a lifetime. In some communities in this state, he says, people “live their lives anticipating the next encounter.”

Now, Oregon has the statewide platform to say “no more.” Let’s do this.